[ga] FYI - NCDNHC proposed resolution on famous names and new TLDs

[Jeff Williams <jwkckid1@ix.netcom.com>]

All,

  The following is a copu of a post sent to the NCDNHC list earlier
today..
=========
Subject:              NCDNHC proposed resolution on famous names and new
TLDs
        Date:              Mon, 27 Mar 2000 10:21:55 -0500
       From:              James Love <love@cptech.org>
 Organization:              http://www.cptech.org
         To:              NCDNHC <NCDNHC-Discuss@lyris.isoc.org>




I propose the following NCDNHC resolution.  Jamie

-----------------
Proposed Resolution for NCDNHC on ICANN policy with respect to
new Top Level Domains and famous names

   version 1.0
   author: James Love, love@cptech.org
   March 27, 2000

The Non Commercial Domain Name Holders Constituency (NCDNHC) opposes
proposals to have ICANN restrict the registration of famous names in
connection with new top level domains (TLDs).

ICANN has already created an alternative dispute resolution (ADR)
mechanism that may be used, and in the case of some existing TLDs, is
mandatory, to address disputes over trademarks and domain names.

The proposals for special filtering or restrictions on the registration
of famous names presents many issues concerning the legal basis for such

restrictions and the appropriateness of ICANN global policy making in
the area of trademark policy, an area of considerable controversy that
is subject to different national traditions and legal systems.

ICANN is considering the long overdue creation of new top level domains
(TLDs) for the Internet.  These will include both commercial and
non-commercial TLDs.  There exist proposals for chartered non-commercial

TLDs that would seek to use the TLD name space in ways that would make
it easier to organize consumers or workers, or to criticism businesses,
products or organizations.  For example, TLDs such as .union or .syn,
ecology, .boycott, etc.

At its Cairo meeting, the ICANN board indicated it would ask the World
Intellectual Property Organization (WIPO) to create a list of famous
names, but did not indicate how that list would be used by ICANN.  Some
trademark owners are asking ICANN to provide trademark owners certain
rights to exclude others from using the famous names in the new TLD
space.

1. The NCDNHC opposes new ICANN restrictions on the ability to register
a domain.

2. NCDNHC recognizes that registrars and registries will be subject to
court orders from a variety of national governments, and this will
include court orders on issues concerning trademark rights.  While there

may be a public interest in harmonization or coordination of national
laws on trademarks in cyberspace, it is
far beyond ICANN's competence and mission to address these controversial

and complex issues.

3.  Trademark rights are designed to protect consumer interests, but
overly broad powers to trademark owners result in anticompetitive
conduction that harms consumers.  Trademark rights also must be limited
in areas of criticism, parody and other important exceptions.  Consumer
and free speech interests are not sufficiently represented in the ICANN
process.

4.  NCHDHC also urges legal authorities with national jurisdiction over
trademark disputes to permit the use of a company or product name in
connection with a TLD that is designed to facilitate organization of
consumers or workers, or for criticism.  For example, labor unions
should be permitted to create domains such as sony.union or nike.union.
Environmentalists should be permitted to create domains such as
Exxon.ecology, to comment on a company's environmental record.    Civil
rights groups should be permitted to use domains such as
Texaco.isnotfair, to inform the public of a company' record in civil
rights.

=======================================================
James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
=======================================================



--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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